In Bar Of Indian Lawyers vs D.K. Gandhi PS National Institute Of Communicable Diseases 2024 INSC 410, the Supreme Court held that a complaint alleging “deficiency in service” against Advocates practising Legal Profession would not be maintainable. This is because a service hired or availed of an Advocate is a service under “a contract of personal service,” and therefore would fall within the exclusionary part of the definition of “Service” contained in Section 2 (42) of the Consumer Protection Act. The Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other Profession, the bench held.
In this judgment, the two judges bench doubted the correctness of earlier judgment in Indian Medical Association Vs. V.P. Shantha [1995] Supp. (5) S.C.R. 110 wherein it was held that the wide amplitude of the definition of ‘service’ in Consumer Protection Act would cover the services rendered by Medical Practitioners. Neither the “Profession” could be treated as “business” or “trade” nor the services provided by the “Professionals” could be treated at par with the services provided by the Businessmen or the Traders, so as to bring them within the purview of the CP Act , it was observed while referring this matter to larger bench.
Recently, this reference from the two judges bench was heard by three judges bench. The bench refused to answer the reference and observed thus: The question as to whether the other professionals, excluding the legal professionals could be covered by the Consumer Protection Act, can be considered in an appropriate case, having a factual foundation for deciding the same.
This means that the law laid down in both Indian Medical Association and Bar Of Indian Lawyers remains undisturbed. That is to say, if you are an Advocate practicing Legal Profession, your client cannot file a consumer client alleging ‘deficiency of service’ against you. If you are a Doctor practicing Medical profession, your patient or his relatives can file a consumer client against you. In Bar of Indian Lawyers, the Supreme Court observed that Legal Profession is sui generis i.e. unique in nature and cannot be compared with any other Profession. Is Medical profession not unique in nature? Can it be compared with any other Profession.
The Three Judges Bench should have resolved this dichotomy at least by answering this reference. But it chose not to. Let us now wait for the ‘appropriate case’